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SmartCentral Terms of Use / Privacy Policy
ENG 14-3
16.
Limitation of Liability
IN NO EVENT WILL SHARP AND/OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA OR USE OR
OTHER LOSS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS,
SMARTCENTRAL AND/OR ANY CONNECTED SERVICES PROVIDED THEREIN. THIS
PARAGRAPH SHALL APPLY REGARDLESS OF WHETHER THE THEORY OF LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY
OR OTHERWISE AND WHETHER OR NOT SHARP AND/OR ITS AFFILIATES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SHARP AND/OR
ITS AFFILIATES’ AGGREGATE CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY
ARISING OUT OF OR RELATED TO SMARTCENTRAL AND/OR ANY CONNECTED SERVICES
PROVIDED THEREIN EXCEED FIFTY US DOLLARS ($50). YOU HEREBY RELEASE SHARP
AND/OR ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN
EXCESS OF THIS LIMITATION.
17.
Indemnification
You agree to defend, indemnify and hold harmless Sharp, its directors, officers, employees,
agents, contractors and Affiliates from and against all claims, losses, damages, expenses, liabilities
and costs, including reasonable attorneys’ fees, arising from or relating to Your use of
SmartCentral, any Connected Services provided therein, and/or any breach of these Terms and
Conditions.
18.
Governing Law/Waiver of Jury Trial
These Terms and Conditions shall be governed by and construed under the laws of the State of
New York, without regard to conflict of laws rules. You agree to the personal jurisdiction of and
venue in the state and federal courts in New York County, New York, and waive any objection to
such jurisdiction or venue Any claim by You under these Terms and Conditions must be brought
within one (1) year after the cause of action arises or such claim or cause of action is barred. You
and Sharp hereby waive trial by jury with respect to any dispute relating to these Terms and
Conditions, SmartCentral and/or any Connected Services provided therein.
19.
Trademarks
The trademarks “Sharp,” “AQUOS,” “SmartCentral,” or any other related product names, service
names or logos used, quoted and/or referenced on SmartCentral are trademarks, registered
trademarks, or service marks of Sharp Corporation and/or its affiliates. All other product names,
service names, logos and/or company names appearing on SmartCentral and/or Connected
Services provided therein are the property of their respective holders and may be protected as
their trademarks, registered trademarks, service marks and/or trade names.
20.
Copyright
All Connected Services on or available through SmartCentral are © Sharp Electronics Corporation,
its Affiliates and/or Third Party Content Providers. All rights reserved.
21.
Notices
Any notices from Sharp to You relating to these Terms and Conditions or SmartCentral shall be
posted on SmartCentral. You should therefore regularly visit these Terms and Conditions so that
you are aware of any such notices.
Any notices, questions or comments related to these Terms and Conditions should be directed to:
Legal Department
ATTN: SmartCentral Terms & Conditions
Sharp Electronics Corporation
One Sharp Plaza
Mahwah, NJ 07430
22.
Assignment
Sharp may assign these Terms and Conditions, in whole or in part, to any third party at any time
with or without notice to You. You may not assign or transfer these Terms and Conditions.
23.
Force Majeure
Sharp shall in no way be liable for any delay or failure in its performance to the extent such delay
or failure is caused or is a result of acts beyond Sharp’s reasonable control, including, but not
limited to, acts of God, fire, flood, earthquake, accident, riot, war, government intervention,
terrorism, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the
control of Sharp.
24.
Headings
All section headings used in these Terms and Conditions are for convenience or reference only
and in no way shall form a part of these Terms and Conditions or expand, limit, define or interpret
the scope of this agreement or any provision hereof.
25.
Waiver/Severability
Sharp’s waiver of any breach or right under these Terms and Conditions shall not be deemed a
waiver of any other or subsequent breach or right. If any provision of these Terms and Conditions
is found to be invalid or unenforceable, such provision shall be changed and interpreted so as to
best accomplish the original intent of the provision to the fullest extent permitted by law and the
remaining provisions shall remain in full force and effect.